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Questions Answered by Liu "Margaret" Yang
1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Illinois on
Q: If my dad gave me $215,000 as a gift to buy a house in IL and the mortgage is in my name can I kick him out?

My dad gave me $215,000 to buy a house as a gift. The mortgage broker prepared a gift letter for me (19) to purchase this house in my sole name. I dislike my dad and he is toxic to my mental health. Down the road, I would like to kick him out of my house, since my name is on the mortgage and... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Jul 10, 2023

You're going to need more than free advice on the internet. Consult with a local real estate attorney ASAP.

2 Answers | Asked in Foreclosure for Illinois on
Q: Why would I receive a summons of foreclosure on a property I sold over 10 years ago.
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Jun 26, 2023

The answer to "Why?" should be in the complaint. Have a foreclosure defense attorney review it. Usually the consultation is free. I am not licensed in Illinois, but there is an attorney in my firm who is.

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1 Answer | Asked in Foreclosure for New York on
Q: Is there any legal action I can take against a lawyer who claimed to represent me without my knowledge and/or consent?
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on May 5, 2023

Can you provide some more details? What kind of case was this related to?

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Civil Litigation for Pennsylvania on
Q: In Pennsylvania..if I'm only one on deed but another person on mortgage can I sell the house?

The mortgage payments have been getting paid I just want to get away from the person and rid of house ..

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Mar 1, 2023

All owners of record will need to agree to sale of the property, and the sale will have to cover the amount of the mortgage(s), otherwise it's considered a "short sale" which requires some negotiation with the lender.

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3 Answers | Asked in Foreclosure and Probate for New York on
Q: Good evening is it possible to have a deed for a house with 2 people but one gets a secured loan. Now the kids are liabl

My mom took out a loan without my dads consent m. They are both deceased and we are liable

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Mar 1, 2023

I'm sorry for your loss.

It sounds like the house itself and possibly (probably) your parents' estate could be held responsible for the debt.

If there's a foreclosure filed, consult with a foreclosure defense attorney ASAP. If not, start with probate counsel.

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3 Answers | Asked in Foreclosure for New York on
Q: The Initial retainer fee for the foreclosure defense would be $3000 and a monthly payment of $500 after 4 months.?

If there are costs such as filing fees, you would be expected to pay them at the time they are incurred. Based on the informaton on the docket, you likely will incur an RJI fee and motion fee totaling $140 if you want a motion made for permission to amend your answer. (alternatively we offer a... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 16, 2023

If you would like to compare different attorneys' fees, perhaps you should schedule a few more consultations.

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2 Answers | Asked in Foreclosure and Estate Planning for Pennsylvania on
Q: are the heirs responsible for a reversed mortgage after parents die ? If there was no money in the estate.
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 16, 2023

The heirs aren't personally responsible, but the property is.

Typically after the passing of a borrower with a reverse mortgage, there are 3 options:

- Heirs purchase the property and/or refinance the loan to pay off the mortgage

- The estate sells the property if...
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2 Answers | Asked in Foreclosure for Florida on
Q: How can I use a HELOC to save my home from foreclosure? I’m Florida
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 14, 2023

Is the HELOC in foreclosure? Do you already have a HELOC? Is it the first mortgage foreclosing, or the HOA?

If you have enough equity in the home, a HELOC may be able to help.

That said, if you've been served foreclosure papers, consult with an attorney ASAP. You don't...
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1 Answer | Asked in Foreclosure for Illinois on
Q: do I still need to file a apperance if we have a court date for forclosure but the loan has been reinstated?
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

It is never wise to ignore the judicial process, even if the loan has been reinstated.

1 Answer | Asked in Foreclosure and Tax Law for New Jersey on
Q: Question about foreclosure and deficiency judgment and tax forms

My primary residence in New Jersey was foreclosed on and went to sheriff sale. The same bank held the first mortgage position and a second mortgage position on a HELOC. The foreclosure action included both mortgages in the one action. The final judgment included both mortgages as did the Writ of... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

The 1099A is not the same as a deficiency. After foreclosure, I always recommend that income taxes are prepared by an accountant to protect you.

3 Answers | Asked in Consumer Law and Real Estate Law for Florida on
Q: I thought land could only be sold under a Treaty and the Treaty of Adams and Onis that was signed in 1819 was the Treaty

The Treaty of Adams and Onis are not the original Treaty on this land. The Treaty of Middle Plantation is the real Treaty and all of the land sold in America was sold illegally.

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

I believe the statute of limitations will have expired on this issue.

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2 Answers | Asked in Foreclosure for New Jersey on
Q: Need a foreclosure defense lawyer

Plaintiff did not remove their name from Deed ,when Foreclosure judgement was vacated, but they get another judgement (summary judgment for Foreclosures) how can defendant sale ? if this is wrong.

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

Until a foreclosure auction takes place, you would not lose ownership. If you are the owner, you are welcome to attempt to sell the property. If there's equity in the property and a buyer in place, you may be able to hire counsel and prolong the foreclosure sale. Seek a free consultation.

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3 Answers | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 6, 2023

Consult with an attorney ASAP. In short, yes, it's possible you may still be able to save the house and stop the foreclosure.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: We have put a lein on a home in bridgewater nj 10 years ago no effort has been made to satisfy the lein. It is in a shel

The home is in asheltered trust can for forclose onit

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 7, 2022

This is too complex to answer online. Bring your documentation to a local real estate lawyer to review and determine if it's collectable.

1 Answer | Asked in Foreclosure for Ohio on
Q: I am the previous owner of a house. I sold it to a girl who is now foreclosing on it. Why would I be summoned?

I was summoned as a defendant, along with the owner and a village. What might be the reason for my summons?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

If you have been summoned, did you also receive a copy of the complaint? The complaint should say specifically why you are being named.

It's possible it's something simple that doesn't require a response, but it's possible you will need to file a response. Better safe...
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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Texas on
Q: I am being discriminated against by the mortgage company that services my loan. That’s the only way I can think of discr

Can I file a suit pro se?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Can you provide some more details?

1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... View More

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1 Answer | Asked in Real Estate Law and Foreclosure for Florida on
Q: Am I able to initial sale of our house when i am only on the deed and not the mortgage?

Initiate the sale... I am seperated from my husband. Our home is in His Name mortgage and deed and mine is on the deed. The Mortgage is not being paid and I have moved out. Want to sell so it does not go into forclosure. He is on drugs and does not seem to be doing anything. What am I able to do... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Oct 26, 2022

Unfortunately, the deed is what controls who owns the property, and has a right to sell it. So all parties to the deed will have to agree. It is my understanding that a Realtor won't even entertain listing a property for sale without a signature from all the owners.

It may be time to...
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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Won a HOA foreclosure sale in FL. Bid is over the HOA Lien. Will the surplus funding assign to the first mortgage?

Won a county auction for a HOA foreclosure. Our bid is way over the foreclosure amount set by HOA. Want to know in this case, is the surplus funding (after paying off the HOA lien) will automatically assign to the first mortgage by the clerk of court? Or the surplus fund goes to the original owner?... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Oct 21, 2022

My colleague is correct.

Although you should definitely consult your attorney to be certain. At this time, you, the new property owner, will most likely become liable for the other liens encumbering the property.

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